Philosophical Research in Law: The Possibilities
Prof. Dr. Ishwara Bhat*
Volume 10 Issue 2 (2017)
Philosophical research is an indispensable instrument in the toolbox of a legal researcher. In spite of being abstract in the higher levels of reasoning, the philosophical approach to legal research is expected to be rooted in social realities. In this paper, I seek to demonstrate that at both lower and higher levels of jurisprudence, and in specific and general research inquiries, the possible assistance that can be derived from philosophical research is substantial. By delineating its key features, and by abstracting instances through ‘reverse engineering’, I attempt to assert the indispensability of philosophical research in law. I also undertake an interdisciplinary analysis to demonstrate its potential for facilitating the development of the legal system through employment of tools and processes such as intuitionism, dialectical method and reflective thinking. Thus, deconstructing the philosophical research in law through the lens of adjudicative and norm-building processes has practical advantages.